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(영문) 인천지방법원 2017.10.25 2017고단6073
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving two cargo vehicles in B.

1. On June 26, 2017, the Defendant: (a) driven B 2 cargo vehicles with alcohol content of 0.189% while under the influence of alcohol during blood around 06:10 on June 26, 2017; and (b) went back to the opposite lane of Bupyeong-gu, Incheon, Bupyeong-gu, 15-1, in the parking lot for the Chang-gu, Bupyeong-gu, Incheon., in excess of the center line, the Defendant turned back to the opposite lane of Bupyeong-gu, Bupyeong-gu, 16 LWC.

The driver of any motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle while driving the motor vehicle when it is likely to impede the normal traffic of pedestrians or other motor vehicles.

Nevertheless, the Defendant neglected this, while driving the said vehicle under the influence of alcohol and driving it over the median line, received the back door of the victim C(58) driving the vehicle beyond the median line as the Defendant’s vehicle.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt dynasium and tension in need of medical treatment for about two weeks.

2. On June 26, 2017, the Defendant, while under the influence of alcohol 0.189% in blood around 06:10 on June 26, 2017, driven the said cargo at a level of about 10 meters from the parking lot for a window 15-1 in Bupyeong-gu, Incheon, Bupyeong-gu, Chungcheongnam-gu, Chang-gu, Incheon to drive the said cargo at around 0.189%.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking and the selection of fines);

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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